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(영문) 제주지방법원 2020.06.29 2019가단9131
청구이의
Text

1. Compulsory execution against the Defendant’s Plaintiff based on the Jeju District Court Decision 2007Kadan23394 Decided January 23, 2008.

Reasons

Basic Facts

D Co., Ltd. (hereinafter “Defendant”) changed to B on October 14, 2010, and thereafter, the Korea Deposit Insurance Corporation was declared bankrupt by Seoul Central District Court 2013Hahap54 and appointed as a trustee in bankruptcy; hereinafter “Korea Deposit Insurance Corporation”) filed a loan claim lawsuit against the debtor and the Plaintiff under Jeju District Court 2007Kadan23394, which jointly and severally guaranteed the debtor’s debt E and E, and the Plaintiff.

When E, G, and the Plaintiff did not submit a written reply even after receiving the written reply, the above court sentenced the Defendant jointly and severally to pay the amount of KRW 22,378,692 and the amount calculated by 16% per annum from May 22, 2005 to July 21, 2005, and 22% per annum from July 22, 2005 to July 21, 2005.

On December 7, 2007, the above judgment was served on H, who is the spouse of the plaintiff, and the above judgment became final and conclusive as it is.

(hereinafter “instant judgment”). Around November 2011, the Plaintiff filed an application for bankruptcy and immunity with Jeju District Court Decision 201Hau 712, 201Hau 711,711,713, was declared bankrupt on August 13, 2012, and was subsequently granted immunity on November 6, 2012.

The decision to grant immunity became final and conclusive on November 21, 2012.

However, while filing the above bankruptcy and application for immunity, the plaintiff did not enter the defendant's claims against the plaintiff in the list of creditors.

[Ground of recognition] The Plaintiff’s assertion of the purport of the entire argument by the parties concerned is based on the instant judgment. However, the Plaintiff was exempted from liability for the above obligation by having been granted exemption on November 6, 201, 201, 713 of the said Jeju District Court.

Although the Plaintiff omitted claims based on the above judgment against the Plaintiff in the creditors list at the time of the above bankruptcy and application for immunity, it is merely a simple acceptance.

The defendant.

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